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Citizenship

Can You File Form I-539 to Change Status During a Government Shutdown?

Because USCIS is largely fee-funded, it continues accepting Form I-539 during shutdowns. File before your status expires to preserve lawful stay; expect possible processing delays from other agencies.

Last updated: October 1, 2025 8:28 pm
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📋
Key takeaways
As of October 1, 2025, USCIS continues core fee-funded operations and accepts Form I-539 filings during a shutdown.
Timely filing of Form I-539 preserves lawful nonimmigrant status; applicants must file before current status expires.
Processing may be delayed because other agencies like DOL or State can slow, though USCIS still adjudicates fee-based cases.

(UNITED STATES) Applicants can keep filing Form I-539, Application to Extend/Change Nonimmigrant Status to change or extend nonimmigrant status during a government shutdown, and U.S. Citizenship and Immigration Services remains open for business. As of October 1, 2025, USCIS says it continues core work because it is largely fee funded, so USCIS operations go on even when Congress has not passed new spending. That means change‑of‑status requests such as moving from F‑1 to H‑4, or from B‑2 to F‑1, may still be accepted and processed despite a funding lapse. While some federal agencies pause or scale back during a shutdown, USCIS’s fee model allows it to keep adjudicating many cases, including those filed on Form I-539.

USCIS’s ability to run on application fees matters for families, students, and employers who would otherwise face gaps in status. People on student visas seeking to shift to a dependent category, or visitors seeking to begin a course of study, depend on steady case intake to avoid falling out of lawful status. According to analysis by VisaVerge.com, applicants routinely ask whether a lapse in federal funding blocks new filings; in this context, the clear answer for Form I-539 is that filings may continue during a shutdown.

Can You File Form I-539 to Change Status During a Government Shutdown?
Can You File Form I-539 to Change Status During a Government Shutdown?

Policy continuity during funding gaps

USCIS is not immune from the broader climate of a federal closure, but its primary funding source is different. The agency relies on fees paid by applicants and petitioners, rather than annual appropriations for most functions. As a result, USCIS operations continue during a government shutdown, and the agency keeps taking in and processing the change‑of‑status applications it normally handles.

The Form I-539, Application to Extend/Change Nonimmigrant Status, is the standard tool for these requests, and USCIS continues to accept the form during a shutdown.

  • Processing times may vary: The agency notes that timing can change and delays are possible when the government is shut down.
  • Connected processes can be affected: Parts of the federal system outside USCIS, such as the Department of Labor or some functions of the Department of State, may slow down and create ripple effects.

The practical result is straightforward. People who need to file to extend or change their nonimmigrant stay should not wait for a shutdown to end. Filing before your current status expires remains essential. A pending, timely Form I-539 can help protect a person from lapses while USCIS reviews the case.

During past funding lapses under different administrations, this fee‑funded model has allowed USCIS to maintain continuity. Whether the debate happened under President Trump or President Biden, the agency’s message about fee‑funded work has been consistent: intake and adjudications that rely on fees keep going.

Practical steps and applicant impact

The core guidance during a shutdown is simple:

  1. File Form I-539
    • Applicants can submit the change‑of‑status or extension request using the official form.
    • Find the form and filing instructions on the USCIS website at Form I-539, Application to Extend/Change Nonimmigrant Status.
  2. Stay in valid status
    • File before your current status ends. USCIS requires that you be in valid nonimmigrant status when you apply, and the timing of your filing matters.
  3. Watch processing times
    • While USCIS operations continue, the agency cautions that processing times may vary, and delays are possible.
    • Check posted estimates on the official USCIS Case Processing Times page.
📝 Note
Actionable tip: Gather all required I-539 documents now, and submit before your current status ends to minimize risk of lapses.

This guidance applies to common change paths and extensions:

  • F‑1 to H‑4 (dependents of certain workers)
  • B‑2 to F‑1 (visitors beginning studies)
  • Extensions within the same nonimmigrant category

In all cases, the applicant is responsible for meeting eligibility rules and filing by the correct date.

Applicants often worry that a shutdown will block new filings. For Form I-539, that is not the case. The system remains open because of the fee funding model. However, the broader government slowdown can still ripple into some steps.

Applicants should monitor case updates and respond promptly to agency notices. If USCIS issues a request for evidence (RFE), respond by the deadline on the notice to avoid further delay or denial.

Tips and checklist for filing during a shutdown

Follow a steady, step‑by‑step approach to reduce stress and risk:

  • Confirm your current status end date.
  • Review the Form I-539 instructions carefully.
  • Gather required evidence and supporting documents.
  • Submit the correct filing fee and the completed form.
  • Keep your receipt notice in a safe place.
  • Track your case online and watch posted processing‑time updates.

This checklist works the same way whether Washington is open or shut. A pending application that was filed on time keeps your place in line and can help you avoid falling out of status while the case is pending.

Key takeaways and warnings

⚠️ Important
Delays can still occur even as USCIS processes filings; monitor processing times and respond promptly to any RFEs to avoid denial.
  • USCIS remains open during a shutdown and continues to accept and adjudicate fee‑funded filings such as Form I-539.
  • File on time — timely filing is the anchor that protects status while the case is pending.
  • Delays are possible because other federal agencies or interconnected processes may slow down.
  • If your timeline is tight, file now rather than waiting for the political process to resolve.

By continuing operations during funding gaps, USCIS reduces the chance of gaps that could force people to depart or interrupt studies or employment. Plan ahead, follow instructions, and keep records of your filing and any agency correspondence.

Frequently Asked Questions

Q1
Can I file Form I-539 during a federal government shutdown?
Yes. USCIS continues core, fee-funded operations and accepts Form I-539 filings during a shutdown, so you may submit change-of-status or extension requests.

Q2
Will filing I-539 during a shutdown protect my lawful status?
Filing I-539 before your current nonimmigrant status expires helps preserve lawful presence while USCIS adjudicates the case, provided you meet eligibility requirements.

Q3
Should I expect slower processing if I file during a shutdown?
Possibly. USCIS processes fee-funded cases, but related agencies (Department of Labor, Department of State) or broader shutdown effects can cause delays; monitor processing times online.

Q4
What practical steps should I take when filing I-539 during a shutdown?
Confirm your status end date, follow I-539 instructions, gather supporting documents, pay the correct fee, keep your receipt, track your case online, and respond promptly to any RFE.

VisaVerge.com
Learn Today
USCIS → U.S. Citizenship and Immigration Services, the agency that adjudicates immigration benefits and petitions.
Form I-539 → Application to Extend/Change Nonimmigrant Status, used to request changes or extensions of certain nonimmigrant statuses.
Fee-funded model → An operational funding structure where agency activities are financed primarily by application and petition fees, not annual appropriations.
Change of status → A USCIS process that lets a nonimmigrant switch from one visa category to another while remaining in the U.S.
Request for Evidence (RFE) → A USCIS notice asking the applicant to provide additional documentation to support their application.
Department of Labor (DOL) → Federal agency that may be involved in employment-related immigration steps and could face delays during shutdowns.
Department of State (DOS) → Federal agency handling consular functions and visas abroad; some functions may slow during a shutdown.

This Article in a Nutshell

USCIS continues to accept and process Form I-539 filings during federal government shutdowns because the agency operates primarily on application fees. As of October 1, 2025, applicants seeking changes or extensions of nonimmigrant status—such as F-1 to H-4 or B-2 to F-1—may file I-539 to preserve lawful status, provided they submit applications before current status expires. Although USCIS adjudications proceed, processing times can vary and interagency delays (Department of Labor, Department of State) may affect timelines. Key guidance: file on time, follow I-539 instructions, gather supporting evidence, pay required fees, monitor case status online, and respond promptly to RFEs to avoid denials or gaps in status.

— VisaVerge.com
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Robert Pyne
ByRobert Pyne
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Robert Pyne, a Professional Writer at VisaVerge.com, brings a wealth of knowledge and a unique storytelling ability to the team. Specializing in long-form articles and in-depth analyses, Robert's writing offers comprehensive insights into various aspects of immigration and global travel. His work not only informs but also engages readers, providing them with a deeper understanding of the topics that matter most in the world of travel and immigration.
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